WSR 09-14-067

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 29, 2009, 2:29 p.m. ]

Subject of Possible Rule Making: The department is considering amending chapter 388-76 WAC, Adult family home minimum licensing requirements. The department is considering amending WAC 388-76-10000 Definitions, 388-76-10015 License -- Required, 388-76-10040 License requirements -- Qualified person must live-in or be on-site, 388-76-10055 Application -- Generally, 388-76-10080 Application -- Coprovider, 388-76-10110 Application -- Change of location or address, 388-76-10185 Employment -- Certain criminal history -- Permitted, 388-76-10200 Adult family home -- Staff -- Availability -- Contact information, 388-76-10225 Reporting requirement, 388-76-10240 Durable power of attorney for health care or financial decisions, 388-76-10265 Tuberculosis -- Testing -- Required, 388-76-10270 Tuberculosis -- Testing method -- Required, 388-76-10340 Preliminary service plan, 388-76-10415 Food services, 388-76-10505 Specialty care -- Admitting and retaining residents, 388-76-10540 Resident rights -- Disclosure of fees and notice requirements -- Deposits, 388-76-10690 Bedroom usable floor space -- In adult family homes after the effective date of this chapter, 388-76-10845 Emergency drinking water supply, 388-76-10860 Fire drill plan and procedures for emergency evacuation -- Required, 388-76-10920 Inspection and investigation reports -- Provided by department, 388-76-10950 Remedies -- History and actions by individuals, 388-76-10970 Remedies -- Specific -- Condition(s) on license, 388-76-10975 Remedies -- Specific -- Civil penalties, 388-76-10985 Remedies -- May extend to multiple homes, 388-76-10990 Informal dispute resolution (IDR), 388-76-11000 Resident protection program -- Investigation of reports, 388-76-11005 Resident protection program sections through WAC 388-76-11040, and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To clarify requirements.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Negotiated rule making; and DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Maureen Lally, Program Manager, DSHS, Residential Care Services, Aging and Disability Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, TTY (877) 905-0454, e-mail Lallyma@dshs.wa.gov. Draft section language will be posted on ADSA professional internet web page for review and comment prior to filing the CR-102. Anyone from the public can comment directly to the program manager listed above via phone, e-mail or fax.

June 29, 2009

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office